Legal Protection Of Intangible Cultural Heritage Inheritors In China

Intangible Cultural Heritage is an important part of cultural heritage. It is animportant carrier of the witness of history and culture, which contains the value of theunique spirit of the Chinese nation, imagination and cultural awareness. IntangibleCultural Heritage, which embodies the vitality of the Chinese nation and extraordinarycreativity.. Intangible cultural heritage is stored in the root of our nation, is valuablespiritual wealth of the5,000years of Chinese civilization condensed. Fusion in thephenomenon of increase between the trend of economic globalization continue tostrengthen today’s society and culture. Cultural diversity has been badly hit. It maintainsthe diversity of folk culture but also by the strong challenge of the foreign culture.National traditional culture in China is facing a very grim situation, especially themouth and heart for the dependence of the intangible cultural heritage. It is beingdamaged, disappeared, and unique folk culture and customs. Traditional crafts havebeen gradually vanished. The legal protection of intangible cultural heritage is animportant mission and responsibility of the whole nation and even the whole society.The inheritors of non-material cultural heritage from generation to generation andsustainable development of the core and foundation are a non-material cultural heritageprotection key. The continuation of the intangible cultural heritage has an indispensablerole. This article seizes a key part of the intangible cultural heritage protection-theinheritors of the analysis and discussion as the central mechanism of the legal protectionof intangible cultural heritage. The article text is divided into the following six parts:The first part gives a clear definition and value of the intangible cultural heritage,and pointed out that the key to the protection of intangible cultural heritage is theheritage protection. Followed in accordance with the Convention on the Protection ofIntangible Cultural Heritage "and" the People’s Republic of China Intangible CulturalHeritage Act relevant provisions of the Intangible Cultural Heritage, the concept wasdefined, which determine the important position of the Intangible Cultural Heritage, andacademia through the People’s Republic of China Intangible Cultural Heritage Act(hereinafter referred to as the provisions of the Intangible Cultural Heritage Act ")analysis and comparison of the basic conditions of the two inheritors.Tightly around the person of the Intangible Cultural Heritage in the second part ofthe rights and obligations are discussed. Intangible Cultural Heritage, enjoy both the rights of heritage, protect the rights of the intangible cultural heritage and spiritualrights of the Intangible Cultural Heritage. Intangible cultural heritage while enjoying itsrights shall also undertake corresponding obligations, the main obligations of theIntangible Cultural Heritage by the provisions of section31of the Intangible CulturalHeritage Act reflects.The third part discusses how it should be the rights of Intangible Cultural Heritageprotection to analyze. Mode of legal protection of intangible cultural heritage is dividedinto public law model and private law model, as represented by the public law model tothe administrative law, private law model to intellectual property law, through thecomparison of two modes of both the advantages and disadvantage. View of the statusquo of China’s intangible cultural heritage protection, then turns to the advancedexperience of foreign intangible cultural heritage inheritors of system draw its contentmainly related to heritage identification system, the funding system and the intellectualproperty system.Part Ⅳ discusses the status quo of China’s Intangible Cultural Heritage of life andour heritage system. Intangible Cultural Heritage, has a very important conservationvalue, due to various practical reasons, the China Intangible Cultural Heritage, facedwith the grim plight of survival. To solve this problem mainly rely on China’s IntangibleCultural Heritage of the system. Of Intangible Cultural Heritage, the system identifiesthe system, includes support system and reward recognition.Part Ⅴ discusses actual situation in China and foreign experience for reference. Therecommendations put forward to improve the legal protection of intangible culturalheritage.